Save Our Springs Alliance v. City of Dripping Springs; Todd Purcell, in his Official Capacity as Mayor of the City of Dripping Springs; and Mak Foster Ranch, L.P., No. 03-04-00683-CV (Tex.App.- Austin, Dec. 7, 2007)(Opinion by Chief Justice Law ) (bankruptcy abatement) (Before Chief Justice Law, Justices Pemberton and Waldrop)
Appeal from 207th District Court of Hays County
FROM THE DISTRICT COURT OF HAYS COUNTY, 207TH JUDICIAL DISTRICT
NO. 02-1748, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
Appellant Save Our Springs Alliance (SOS) has moved to abate the proceedings in this appeal. Although SOS filed for bankruptcy protection, this appeal proceeded under a lift of the automatic stay by the bankruptcy court (In re Save Our Springs Alliance, Inc., No. 07010642-FM, United States Bankruptcy Court, Western District of Texas, Austin Division, Chapter 11). That court has now approved a settlement agreement between SOS and Mak Foster Ranch, L.P. Part of that agreement requires an abatement of this case for the parties to complete certain conditions precedent before a dismissal of SOS's claims against Mak Foster Ranch. We grant the motion to abate. SOS should file a status report thirty days after the date of this opinion informing the Court about the progress made toward fulfilling the conditions precedent. At that time, SOS should also inform us concerning the effect, if any, of the bankruptcy settlements (1) on SOS's claims against the City of Dripping Springs and Todd Purcell in his capacity as mayor. (2)
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Pemberton and Waldrop
Abated
Filed: December 7, 2007
1. SOS has dismissed its claims against Cypress-Hays, L.P., who is no longer a party to this case. See Save Our Springs Alliance v. City of Dripping Springs, No. 03-04-683-CV, slip. op., (Tex. App.--Austin Dec. 7, 2007) (order).
2. SOS has also filed a motion to expedite our ruling on the motion to abate. Inasmuch as the certificate of conference on the motion to abate noted that counsel for the City of Dripping Springs and Todd Purcell did not agree to the motion to abate, we waited until the expiration of the ten-day response period. See Tex. R. App. P. 10.3(a). No response indicating a reason for opposition has been filed. As we are now ruling on the motion to abate, the motion to expedite is dismissed as moot.
Showing posts with label motion to abate. Show all posts
Showing posts with label motion to abate. Show all posts
Tuesday, December 11, 2007
Wednesday, June 27, 2007
Schlapper v. Forest (Tex.App.- Austin, Jun. 21, 2007)
Schlapper v. Forest (Tex.App.- Austin, June 21, 2007)(Patterson)(Dismissal with opinion)
DISMISSED: Opinion by Justice Patterson
Before Justices Patterson, Pemberton and Waldrop
03-06-00315-CV
Cindy Schlapper v. Rand Forest, Buck Childers, Robert Stewart Leonard, Dorothy Stewart Uzell, Betty Stewart Hanson, Mike Keuhl, Flagship Marine Corporation, Shoreline Development and Harbor Ventures, Inc.
Appeal from 201st District Court of Travis County
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. D-1-GN-05-000033, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING
MEMORANDUM OPINION BY PATTERSON
On December 14, 2006, this Court granted Appellant Cindy Schlapper's motion to abate the instant appeal for 30 days until January 16, 2007, to allow her to obtain a final appealable judgment from the trial court. Upon further review, the record in this case reflects that the trial court issued an "Interlocutory Partial Judgment" on March 7, 2006, disposing of all claims in appellant's sixth amended petition, (1) as well as all claims in appellee Harbor Ventures, Inc.'s plea in intervention "save and except only Harbor Venture's request for declaratory judgment as to the exact location and activities permitted by the egress/ingress easement held by [appellant], Cindy Schlapper." On March 22, 2006, the trial court granted appellees' motion to sever and severed all claims asserted by appellant and all title claims asserted by Harbor Ventures from the declaratory judgment and related injunctive relief sought by Harbor Ventures. The trial court's order of severance made the Interlocutory Partial Judgment of March 7, 2006, final and appealable.
Appellant filed a motion to modify the trial court's Interlocutory Partial Judgment on April 5, 2006, which was denied by the trial court on April 25, 2006. Appellant filed a timely notice of appeal and an affidavit of inability to pay costs on June 5, 2006. The trial court found that appellant was not indigent, and appellant notified this Court in writing on September 13, 2006, that she was still trying to make arrangements to pay for the reporter's record.
After reinstating this appeal on April 18, 2007, the clerk of this Court notified appellant that her brief was due on or before May 18, 2007. On April 20, 2007, the clerk of this Court also notified appellant that the reporter's record was overdue, and unless payment arrangements were made on or before April 30, 2007, the Court would consider this appeal without the reporter's record.
Instead of complying with this Court's directives to make arrangements for payment of the reporter's record and file her brief, on May 29, 2007, appellant filed a "Verified Motion Request to Transfer Reporter's Record." Because appellant has failed to comply with these directives, we deny appellant's motion and dismiss this appeal pursuant to Texas Rule of Appellate Procedure 42.3(b) and (c).
__________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Pemberton and Waldrop
Dismissed
Filed: June 21, 2007
1. In its Interlocutory Partial Judgment, the trial court struck appellant's seventh amended petition as untimely, and the case proceeded to trial on the appellant's sixth amended petition.
DISMISSED: Opinion by Justice Patterson
Before Justices Patterson, Pemberton and Waldrop
03-06-00315-CV
Cindy Schlapper v. Rand Forest, Buck Childers, Robert Stewart Leonard, Dorothy Stewart Uzell, Betty Stewart Hanson, Mike Keuhl, Flagship Marine Corporation, Shoreline Development and Harbor Ventures, Inc.
Appeal from 201st District Court of Travis County
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. D-1-GN-05-000033, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING
MEMORANDUM OPINION BY PATTERSON
On December 14, 2006, this Court granted Appellant Cindy Schlapper's motion to abate the instant appeal for 30 days until January 16, 2007, to allow her to obtain a final appealable judgment from the trial court. Upon further review, the record in this case reflects that the trial court issued an "Interlocutory Partial Judgment" on March 7, 2006, disposing of all claims in appellant's sixth amended petition, (1) as well as all claims in appellee Harbor Ventures, Inc.'s plea in intervention "save and except only Harbor Venture's request for declaratory judgment as to the exact location and activities permitted by the egress/ingress easement held by [appellant], Cindy Schlapper." On March 22, 2006, the trial court granted appellees' motion to sever and severed all claims asserted by appellant and all title claims asserted by Harbor Ventures from the declaratory judgment and related injunctive relief sought by Harbor Ventures. The trial court's order of severance made the Interlocutory Partial Judgment of March 7, 2006, final and appealable.
Appellant filed a motion to modify the trial court's Interlocutory Partial Judgment on April 5, 2006, which was denied by the trial court on April 25, 2006. Appellant filed a timely notice of appeal and an affidavit of inability to pay costs on June 5, 2006. The trial court found that appellant was not indigent, and appellant notified this Court in writing on September 13, 2006, that she was still trying to make arrangements to pay for the reporter's record.
After reinstating this appeal on April 18, 2007, the clerk of this Court notified appellant that her brief was due on or before May 18, 2007. On April 20, 2007, the clerk of this Court also notified appellant that the reporter's record was overdue, and unless payment arrangements were made on or before April 30, 2007, the Court would consider this appeal without the reporter's record.
Instead of complying with this Court's directives to make arrangements for payment of the reporter's record and file her brief, on May 29, 2007, appellant filed a "Verified Motion Request to Transfer Reporter's Record." Because appellant has failed to comply with these directives, we deny appellant's motion and dismiss this appeal pursuant to Texas Rule of Appellate Procedure 42.3(b) and (c).
__________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Pemberton and Waldrop
Dismissed
Filed: June 21, 2007
1. In its Interlocutory Partial Judgment, the trial court struck appellant's seventh amended petition as untimely, and the case proceeded to trial on the appellant's sixth amended petition.
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